Button et al v. Breshears
| Dusty Button and Mitchell Taylor Button |
| Madison Jane Breshears |
| 1:2024cv03757 |
| May 13, 2024 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 LETTER addressed to Judge Mary Kay Vyskocil from Madison Jane Breshears dated 6/29/2024 re: Defendant's Request for Pre-Motion Conference. Document filed by Madison Jane Breshears. (sac) |
Filing 13
ORDER denying without prejudice to renewal by formal motion #11 Motion to Dismiss. Accordingly, IT IS HEREBY ORDERED that Defendant's motion to dismiss is DENIED without prejudice to renewal following Defendant's request for a pre-motion conference in compliance with the Court's Individual Rules. IT IS FURTHER ORDERED that Defendant shall make such a request for a pre-motion conference, or otherwise respond to the Complaint, no later than July 8, 2024. The Clerk of Court is respectfully requested to terminate the motion pending at docket entry 11. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/20/2024) (tg)
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| Set/Reset Deadlines: Madison Jane Breshears answer due 7/8/2024. (tg) |
| Filing 12 MEMORANDUM IN SUPPORT OF DEFENDANT MADISON JANE BRESHEARS'S MOTION TO DISMISS in Support re: #11 MOTION to Dismiss.. Document filed by Madison Jane Breshears..(kgo) |
| Filing 11 NOTICE OF DEFENDANT'S MOTION TO DISMISS. Document filed by Madison Jane Breshears..(kgo) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Madison Jane Breshears served on 5/24/2024, answer due 6/14/2024. Service was accepted by Madison Jane Breshears. Document filed by Dusty Button; Mitchell Taylor Button..(rro) |
| Filing 9 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Madison J. Breshears consents to receive electronic service via the ECF system. Document filed by Madison Jane Breshears..(rro) |
| Filing 8 NOTICE OF PRO SE APPEARANCE by Madison Jane Breshears..(rro) |
| Filing 7 SUMMONS ISSUED as to Madison Jane Breshears. (nb) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Transmission to Pro Se Assistants. Transmitted re: #4 Request for Issuance of Summons, to the Pro Se Assistants for processing..(tro) |
| Pro Se Payment of Fee Processed: $405.00 Check processed by the Finance Department on 05/21/2024, Receipt Number 29522. (ss) |
| Filing 5 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Button, Dusty and Button, Mitchell Taylor consents to receive electronic service via the ECF system. Document filed by Dusty Button, Mitchell Taylor Button..(tro) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Madison Jane Breshears, re: #1 Complaint. Document filed by Dusty Button..(tro) |
| MAILING RECEIPT: Document No: 2-3. Mailed to: Dusty Button 101 Ocean Sands Ct. Myrtle Beach, SC 29579; Mitchell Taylor Button 101 Ocean Sands Ct. Myrtle Beach, SC 29579. (vn) |
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiffs are directed to render payment of the filing fee or to each submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 6/17/2024. In Forma Pauperis (IFP) Application due by 6/17/2024. (Signed by Judge Laura Taylor Swain on 5/17/24) (Attachments: #1 IFP application) (keb)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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Filing 2
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/24) (rdz)
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| Filing 1 COMPLAINT against Madison Jane Breshears. Document filed by Dusty Button, Mitchell Taylor Button..(rdz) |
| Case Designated ECF. (rdz) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(rdz) |
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